Same Sex Parent Adoption Post DOMA

Will same sex married couples in Massachusetts still need to file an adoption petition even though both parents are on the original birth certificate?  How risk adverse are the parents?  The Supreme Court today did not strike down Section 2 of DOMA, which  allows States to refuse to recognize same-sex marriages performed under the laws of other States. See 28 U. S. C. §1738C.  Therefore, if you are named in your child's birth certificate because you were married in Massachusetts at the time of birth, there is still no prohibition against other states determining that since your parentage was based on a marriage status that it does not recognize,  it will not recognize your status as a parent. Or, what if you divorce and the biological parent moves to a state that does not recognize same sex marriage and tries to revoke the rights of the non-biological parent.  Remote?  Sure it is.  We will see how this plays out.  Co-parents contemplating travel or a move to a state that does not recognize gay marriage - beware!  Call Glickman Turley at 617.399.7770 for more information or to start your co-parent adoption petition.

State Records Show Romney Against New Birth Certificates for Gay Parents

The Boston Globe reported that Massachusetts state records revealed that former Governor Mitt Romney opposed efforts by the Registry of Vital Records and Statistics to revise birth certificate forms for same-sex parents. The Registry of Vital Records made efforts to comply with Massachusetts's 2003 legalization of gay marriage law, but Governor Romney rejected the Registry's efforts because, he said , "The children of America have the right to have a father and a mother...What should be the ideal for raising a child? Not a village, not 'parent A' and 'parent B,' but a mother and a father." 

The Registry's plan would allow the box labeled for "father" to be labeled as "father or second parent." Instead, Romney forced the Registry to obtain approval from his legal staff after "individually review[ing] the circumstances of every birth to same-sex parents." Once approval was obtained, "hospital officials and town clerks across the state [were] permited to cross out by hand the word 'father' on individual birth certificates, and then write in 'second parent,' in ink." Handwritten corrections on birth certificates was a violation of existing law. 

It was only after Governor Deval Patrick assumed office that the appropriate changes were made to revise the birth certificate forms acknowledging children of same-sex marriages. 

Click here to read the story. 

For representation, please contact Glickman Turley LLP at 617-399-7770.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.    

Dept. of State and Russian Officials: Agreement For Bilateral Adoption Goes Into Force

As of November 1, 2012, an Agreement between the United States and the Russian Federation will go into effect that provides new guidance and procedures with respect to bilateral adoptions. Department of State (DOS) and U.S. Citizenship and Immigration Services (USCIS) have worked closely "to promote a safe, ethical, and transparent adoption process" for intercountry adoptions, according to a statement released by USCIS. 

The transition period for all provisions to go into effect with commence on November 1, 2012, and continue for a six to nine months period. The Russian Federation still does not permit American same-sex couples to adopt Russian children. 

For more information on the Agreement, click here. 

For representation, please contact Glickman Turley LLP at 617-399-7770.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.    

Mass. Appeals Court Holds Same-Sex Parents Share Parenting Role in Della Corte v. Ramirez

The Massachusetts Appeals Court held that when there is a marriage between same-sex partners, the need for a second-parent adoption to, at least, confer legal parentage on the nonbiological parent is eliminated when the child is born of the marriage.

In Della Corte v. Ramirez, Gabriella Della Corte appealed a judgment entered in the Suffolk Division of the Probate and Family Court Department maintaining joint legal custody of her child with Angelica Ramirez. Della Corte argued that Ramirez was not the child's legal parent because Ramirez is not the biological parent of the child and that they were not married at the time of conception. The Court held that because Ramirez and Della Corte were married when the child was born, then she is the legitimate child of both parents as "there was no requirement that the parties be married at the time of conception, as the statute plainly states '[a]ny child born,' not 'any child conceived.'"

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Congressmembers Urge Immigration Officials to Consider LGBT Family Ties in Deportation Cases

As reported by Immigration Equality (immigrationequality.org), some members of Congress urged immigration officials to consider LGBT (lesbian, gay, bisexual, transgender, transexual) family ties in deportation cases.

Under current immigration laws, US citizen and green card holders with same-sex spouses do not have the same right as heterosexual spouses in petitioning for marriage-based visas or other derivative based relief (for example, asylum) or using marital status as a positive equity in deportation/removal cases.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigraiton matters, as well as LGBT issues. We represent families who need help in same-sex co-parent adoptions and non-traditional family estate planning.  Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil ligitation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, adoptions, guardianships, animal law, or LGBT legal matters.